Pickands, Mather & Co.

National Labor Relations Board - Board Decisions

Aug 18, 1942

43 N.L.R.B. 334 (N.L.R.B. 1942)

In the Matter Of. PICKANDS, MATHER & COMPANY AND VERMILLION
MINING COMPANY and LOCAL UNION #2445, UNITED STEELWORKERS
OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. R-4126.Decided August 18,.1942
Investigation and Certification of- Representatives : stipulation for certification
upon consent election.
Mr. James M. Shields, for the Board.
Gillette, Nye, Harries. d Montague, of Ely, Minn., for the
Companies.
Mr. John J. Brownlee, of Chicago, Ill., for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
• STATEMENT OF THE CASE
Upon petition duly filed by Local Union $#2445, United Steel-
workers of America, affiliated with ,the C. I. 0., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Pickands, Mather & Com-
pany and Vermillion Mining Company, herein called the Companies,
engaged in Ely, Minnesota, in the mining of iron ore, the National
Labor Relations Board provided for an appropriate hearing upon due
notice. On July 20, 1942, before a hearing was held, the Companies,
the Union, and a Field Examiner for the Eighteenth Region (Minne-
apolis, Minnesota), entered into a "Stipulation for Certification Upon
Consent Election."
Pursuant' to the stipulation, an election by secret ballot was con-
ducted on July 30, 1942, under the direction and supervision of the
Regional Director, among all employees of the Companies at the Zenith
Mine, excluding foremen, assistant foremen, and supervisors in charge
of any class of labor, policemen, clerical and salaried employees, to
determine whether or not they desire to be represented by the Union
for the purposes of collective bargaining. On August 1, 1942, the
43 N. Ti R. B., No. 52.
334
PICKANDS, MATHER & COMPANY . 335
Regional Director issued and duly served on the parties an Election
Report on the ballot. N6,objections to the conduct of the ballot or
the Election Report have been'filed by any of the parties. .
As to the balloting and its results, the Regional Director reported as
follows :
Total on eligibility list______________________________________ 439
Total ballots cast ------------------------------------------- __ 360
Total ballots challenged------------------------------------- 0
Total blank ballots----------------------------------------- . 3'
Total void ballots------------------------------------------- 1
Total, valid votes counted------------------------------------------------------ 356,
Votes cast for Local Union #2445, United Steelworkers of '
.
America, C I. 0------------------------------------------ 318
Votes cast against Local'Union #2445, United Steelworkers of
America, C. I. 0----------------------------------------- 38
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the represen-
tation of employees of Pickands, Mather & Company and Vermillion
Mining Company, Ely, Minnesota, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the National Labor'Relations Act.
2. All employees of the Companies at the- Zenith Mine, excluding
foremen, assistant foremen, and,supervisors in -charge of any class
of labor, policemen, clerical and salaried employees, constitute a:unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
3. Local Union #2445, United Steelworkers of America, affiliated
with the C. I. 0., has been designated and selected by a majority of
the employees in the above unit as their representative for the purposes
'of collective bargaining and is the, exclusive representative of all em-
ployees in said unit within the meaning of Section 9 (a) of the Act.
i
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations BQard by Section 9' (c) of the National Labor Relations Act,
IT IS HEREBY CERTIFIED that Local Union #2445, United Steelworkers
of America, affiliated with the C. I. 0., has been designated- and
selected by a majority of all' employees of Pickands, Mather & ' Com-
pany and Vermillion Mining Company, Ely,,Mimrnesota, at the Zenith
Mine, excluding foremen, assistant foremen, and supervisors in charge
336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of any class of labor, policemen, clerical and salaried employees, as
their,representative for the purposes of collective bargaining, and that,
pursuant to: Section, 9 (a) of the Act, Local Union #2445, United
Steelworkers of America, affiliated with the C. I. 0., is the exclusive
representative of such employees for the purposes of collective bar-
gaining with respect to rates of pay, wages,'hours of employment and
other conditions of employment.